ARKANSAS Lemon Law:
Ark. Code Ann. §§ 4-90-401 to 4-90-417
Vehicles covered: Self-propelled vehicle under 10,000 lbs., licensed,
purchased or leased in-state, and primarily designed for the
transportation of persons or property; excludes mopeds, motorcycles,
and the living quarters of mobile homes (§ 4-90-403(11)).
Persons covered: Purchaser, lessee, or any person entitled to
enforce the warranty (§ 40-90-403(4)).
Period covered: Ends two years (twenty-four months) after the
vehicle is delivered to the consumer or after the first 24,000 miles
attributable to the consumer is driven, whichever comes later
Disclosure requirements: Manufacturer must provide a written
state-approved notice to the consumer explaining the consumer’s
rights at the time of lease or purchase. Dealer must obtain and
maintain for five years the consumer’s acknowledgment of receipt
of statement of rights (§ 4-90-404(b)).
Required consumer notice: Consumer must notify manufacturer by
certified or registered mail of the need to repair the nonconformity.
Repair requirements: Three attempts to repair a nonconformity
which ‘‘substantially impairs’’ the motor vehicle or one repair
attempt for a nonconformity that is life threatening or which could
cause bodily injury, plus one final opportunity to repair (§ 4-90-
Affırmative defenses: The nonconformity does not impair use, value
or safety of the vehicle; the nonconformity is the result of an
accident, abuse, neglect or unauthorized alteration; claim by consumer
was not filed in good faith; other defenses allowed by law
(§ 4-90-413); statute of limitations (§ 4-90-416).
Replace/refund: At the consumer’s option, the manufacturer must
replace with an identical or reasonably equivalent vehicle acceptable
to the consumer, or refund the full purchase or lease price less
a reasonable use and damage allowance (defined) (§§ 4-90-406,
Other reimbursement: Collateral and reasonably incurred incidental
charges (§ 4-90-406(b)(1)(B)), plus towing and rental costs
(§ 4-90-408), attorney fees and costs (§ 4-90-415).
Other remedies: Violation of the statute is a deceptive trade
practice (§ 4-90-417); there is no limit on other consumer remedies
Informal dispute resolution: Consumer must first submit to informal
proceedings unless the manufacturer allows otherwise or
unless manufacturer failed to disclose as required an explanation of
the consumer’s rights and obligations (§ 4-90-406(a)(1)); the dispute
procedure must comply with 16 C.F.R. § 703.1 (§ 4-90-414).
Resale of lemon: Full written disclosure signed by the consumer
required for first resale to a retail customer; same express warranty
offered to the original purchaser (except need only last for 12,000
miles or one year after date of resale) (§ 4-90-412).